Frankfort, IL Gun & Weapons Charges? Take Action Now

Why prompt action matters in Frankfort weapons cases

Illinois firearms and weapons laws are complex and strictly enforced, drawing from multiple statutes including the Firearm Owners Identification Card Act (430 ILCS 65), the Criminal Code’s weapons provisions (720 ILCS 5, Article 24), and the Firearm Concealed Carry Act (430 ILCS 66). Early legal intervention can protect your rights during police questioning, preserve evidence (like surveillance video or witness statements), and position you for the strongest defense. Waiting can narrow your options.

Common Illinois gun and weapons charges

• Unlawful Use of Weapons (UUW): possession of certain weapons or possessing firearms in prohibited ways or places (720 ILCS 5/24-1).
• Aggravated Unlawful Use of a Weapon (AUUW): often tied to carrying a loaded or accessible firearm without required licensing or in prohibited circumstances (720 ILCS 5/24-1.6).
• UUW by a Felon: firearm possession by a person with specified prior convictions (720 ILCS 5/24-1.1).
• FOID Act violations: possessing or acquiring firearms or ammunition without a valid FOID where required (430 ILCS 65).
• Concealed Carry Act violations: carrying without a valid license or violating location restrictions (430 ILCS 66; see prohibited areas at 430 ILCS 66/65).
• Unlawful sale/transfer: unlawful sale or delivery, straw purchasing, and related conduct (720 ILCS 5/24-3).
• Defacing a firearm’s serial number: possessing or altering a defaced firearm (720 ILCS 5/24-5).
• Weapons in sensitive locations: including school grounds and other statutorily sensitive places (see 720 ILCS 5/24-1 and 430 ILCS 66/65).

Potential consequences under Illinois law

Depending on the charge and your background, a conviction can bring felony or misdemeanor exposure, potential incarceration, fines, probation, forfeiture of firearms, and collateral impacts on employment, licensing, immigration, and firearm rights. Specific penalties and eligibility limits are set by statute (for example, see AUUW penalties at 720 ILCS 5/24-1.6(d) and UUW by a felon at 720 ILCS 5/24-1.1). Illinois law also provides for seizure/forfeiture of certain weapons (720 ILCS 5/24-6) and authorizes FOID denial or revocation in defined circumstances (430 ILCS 65/8; 430 ILCS 65/9). Outcomes vary based on the facts, charge level, and criminal history.

Local context: Frankfort and Will County

Frankfort cases are typically prosecuted in Will County. Local practices—such as diversion availability, bond conditions, and courtroom procedures—can affect strategy. An attorney familiar with Will County courts can advise on likely processes, negotiations, and motion practice. For court information, visit the Will County Circuit Court.

Defenses and strategies we explore

Every case is fact-specific. Depending on the circumstances, we may evaluate:

• Legality of the stop, search, or seizure: Unlawful police conduct can lead to suppression of evidence. See, e.g., Terry v. Ohio, 392 U.S. 1 (1968), Mapp v. Ohio, 367 U.S. 643 (1961), and Illinois applications in People v. Colyar, 2013 IL 111835.
• Possession and control: whether the firearm was actually on your person or constructively possessed.
• Licensing or exemption issues: FOID and Concealed Carry Act compliance and statutory exceptions (430 ILCS 65; 430 ILCS 66).
• Location-based defenses: questions about prohibited areas and private property carveouts (430 ILCS 66/65).
• Statements: suppression of custodial statements obtained without proper advisements.
• Forensic and evidentiary integrity: serial number status, operability, and chain of custody.
• Mitigation and negotiation: aiming for dismissal, reduction, diversion, or alternative resolutions where available.

What to do now if you’re under investigation or arrested

• Do not discuss the facts of the case with anyone except your attorney. Politely invoke your right to remain silent.
• Do not consent to searches. If officers proceed, remain calm and non-resistant.
• Preserve evidence: keep messages, photos, and contact info for witnesses.
• Note court dates and paperwork carefully. Missing obligations can worsen outcomes.
• Contact a defense lawyer immediately to begin your strategy.

Understanding FOID and Concealed Carry in Illinois

Illinois generally requires a valid FOID card to possess or acquire firearms and ammunition, subject to statutory exceptions (430 ILCS 65). Separate licensing and rules apply to carrying a concealed firearm under the Firearm Concealed Carry Act (430 ILCS 66), including eligibility, training, and location restrictions (430 ILCS 66/65). Violations can trigger criminal charges and administrative action affecting your ability to lawfully possess or carry in the future.

How our firm helps

We investigate the stop and search, examine licensing issues, identify statutory defenses and exceptions, negotiate with prosecutors, and litigate suppression and dismissal motions where warranted. We keep you informed, prepare you for court, and work toward the best achievable outcome—whether that is dismissal, reduction, diversion, or trial.

FAQ

Can I get a weapons charge dismissed in Will County?

Dismissals are possible when evidence is suppressed, the State cannot prove possession, or statutory exceptions apply. Outcomes depend on facts, charge level, and history.

What if my FOID or CCL was expired?

Expiration can still lead to charges. In some cases, curing licensing issues quickly may aid negotiations. Get legal advice before taking steps that could be used against you.

Do first-time offenders go to jail for AUUW?

Some AUUW counts are probation-eligible; others carry mandatory penalties. The specific subsection charged and your background matter.

Will a conviction affect my gun rights?

Certain convictions can bar future possession and lead to FOID denial or revocation. Consult counsel about relief options and timelines.

Call for a confidential consultation

If you’re facing gun or weapons charges in Frankfort or Will County, contact us today. Time matters—early guidance can protect your rights and improve your options.